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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2900
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I filed bankruptcy on July 29. 2011 chapter 7. I reaffirmed

Customer Question

I filed bankruptcy on July 29. 2011 chapter 7. I reaffirmed my home and car during the process. I claimed my hoa fees in the filing for that year as well. It's now November 2012 and I got a letter of lein for my home for the due dated back in 2011. The filing for the lein took place on August 11'2011. A week after I filed bk. they are giving me 10 days to now pay 4000 in fees or lose my home. I claimed this in chapter7 is this valid?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 4 years ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

JACUSTOMER-q2rlubs7- : Terry what type of lawyer
JACUSTOMER-q2rlubs7- : Estate bankruptcy etc
Terry L. :

HOA's run with the land, so while you techincally can discharge amounts owed when you file your case, they can and do have an automatic lien on the property

Terry L. :

So, if you don't pay all that you are required to pay, they can evict you.

Terry L. :

You will be on the hook for assessments from the date of case filing forward too.

JACUSTOMER-q2rlubs7- : Ouch ok even though it was filed in bk prior to the lien being placed I am all cover and paid for this year already
Terry L. :

So, they can collect on post filing assessments, have an automatic lien for the pre-filing amount, and can evict you for breach of contract.

Terry L. :

Yeah, if you have HOA, you have to pay, even if you were surrendering too!

JACUSTOMER-q2rlubs7- : Ok I'm lost but I think what I'm getting here is regardless if claimed in bk they can still do this
JACUSTOMER-q2rlubs7- : So pony up
Terry L. :

They can't collect monetarily from you for that pre-filing amount, but they can put a lien on the property, which will entitle them to be paid once you sell/refi.

Terry L. :

The point is that it isn't fair to burden the other owners with your share...if you can picture that

JACUSTOMER-q2rlubs7- : I guess I'm lost as they were claimed in bk and it was filed wit courts and they even though got served or noticed of the bk they still filed lien after fact
JACUSTOMER-q2rlubs7- : Ok I get what your saying. My fees were 600 at time of bk it's now 4k :(
Terry L. :

You could try to get the lien invalidated, but they would still have the automatic lien as a HOA.

JACUSTOMER-q2rlubs7- : Ok thank you
Terry L. :

so they could put the lien on the prop now even.

Terry L. :

Yeah, it's a tough rule.

JACUSTOMER-q2rlubs7- : I though I was clear
JACUSTOMER-q2rlubs7- : Ouch is all I can say
JACUSTOMER-q2rlubs7- : Thank you terry
Terry L. :

Sure thing. Wish I had better news for you. You may be able to negotiate with them, you never know.

Terry L. :

Thanks and good luck.

Terry L. :

Let me know if you have any other questions. This question is still open, so please click "accept" and rate a 3 or higher for me to get credit! Thanks